Rohn Industries, Inc. v. Platinum Equity LLC

STEELE, Chief Justice.

Platinum Equity LLC (“Platinum”) scheduled to acquire certain of Rohn Industries, Inc.’s (“Rohn”) assets before the end of 2002, terminated an Asset Purchase Agreement with Rohn under a provision that allowed for termination if Platinum determined in good faith that there was a reasonable basis in law and in fact to conclude that Platinum could reasonably be anticipated to incur any material asbestos related liability after consummating the acquisition. The parties agree that New York law governs their dispute over the contract language. The trial judge determined that…